SAROOP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) SAROOP Singh and Palwinder Singh have come forward to this Court and challenged the complaint filed by Smt. Anuam wife of Shri Kuldip Dhiman for offences under Sections 354/379/380/323/506/34 of the Indian Penal Code pending in the Court of Shri A.D. Gour, Judicial Magistrate I-Class, Ambala.

(2.) BRIEFLY , the story as given in the complaint (Annexure P-1) is that on 10.1.1993 at about 6 p.m. the complainant alongwith her husband Kuldeep Dhiman resident of Vasant Vihar, G.T. Road, Ambala City, went to Naraingarh to meet their relatives who had met with an accident and when both of them were at the bus stop of Naraingarh. Sarup Singh, Chander Mohan, Palvinder Singh and C.M. Mathews all residents of Gautam Nagar and Arjun Nagar, New Delhi reached there and out of them Chander Mohan pounced upon her with an intention of outraging her modesty. On the intervention of Satish PW named by her the accused left her though out of them C.M. Mathews accused No. 4 allegedly snatched a gold necklace weighing about 3 tolls. The accused were in a Fiat Car and they also were allegedly armed with two iron rods. A short complaint Annexure P-2 was also made to the SHO of Police-Station, Naraingarh and no case was registered by him and in fact, a stage was set for instituting the present private complaint at Ambala.

(3.) THE learned counsel for the petitioners has pointed out that the contractor who is the husband of the complainant had a dispute with the plot owners and he manipulated to drag the four respectable residents of New Delhi to Ambala by instituting a false complaint. The learned counsel for the petitioners had referred to para 7 of the present petition and specifically pointed out that C.M. Methews is a total stranger to the petitioners and they have now learnt that Kuldeep Dhiman was resident at the place in the neighbourhood of C.M. Mathews who had secured in injunction order against the brother of Kuldeep Singh Dhiman who wanted to have an illegal construction of a flat on his roof top.